WEST BEND MAN APPEALING MARIJUANA CONVICTION

West Bend -- A man convicted of possession of 3 pounds of marijuana is
seeking to have that conviction overturned.

Roger W. Hubbard, 39, of West Bend, was sentenced earlier this year to four
years in prison. Because the marijuana was found in the family's home near a
school, he must serve a minimum of three years.

A hearing on his request was held Thursday before Washington County Circuit
Judge Richard Becker.

His new attorney, Waring R. Fincke, alleges that Hubbard's first attorney,
Daryl Laatsch, did not provide adequate representation in the case.

Fincke said that Laatsch failed to recognize a clear "knock and announce"
violation when a search warrant was executed by the Sheriff's Department
last year.

"And on that basis, I have alleged his ineffectiveness," Fincke said,
referring to Laatsch.

"Mr. Laatsch did not file a pretrial motion to suppress the evidence seized
from the defendant's residence," Fincke wrote in his brief to the court.
"Had the motion been brought . . . there would have been no admissible
evidence upon which to base his plea or conviction."

Holly Murphy, an assistant district attorney, disputed Finke's allegations
regarding the search warrant procedure.

"I'm not sure . . . those issues make it a case-killer, as Mr. Fincke would
have you believe," Murphy said.

Laatsch could not be reached for comment Thursday evening.

The 3 pounds of marijuana found at the Hubbard residence was one of the
largest seizures in Washington County last year. On the wholesale market it
was worth about $3,300, and as much as $9,600 in street sales, officials
said earlier.

Other family members also were sentenced as a result of the investigation:
Hubbard's wife, Vicci; their daughter, Jacqueline; and the man she has since
married, Anthony Galindo.

Fincke also sought to have Roger Hubbard, who received the most severe
sentence of the four defendants, released during the appeal process.

Becker denied that request.

A hearing on the merits of the motion to overturn the conviction is now set
for July 10. Bail will be reconsidered only after hearing any evidence in
the case, Becker said.

Checked-by: "Rolf Ernst"